“By focusing on fuel distribution capacity and demand rather than supply, and by failing to consider surplus [renewable identification numbers (RINs)] from prior years, the agency erroneously concluded that there was an inadequate supply of renewable fuel to justify a waiver of the levels established by Congress,” said the biofuel and ag groups in the statement, noting they also plan to point out other fundamental flaws and inconsistencies in the government’s rule.

On Feb. 11, the American Petroleum Institute joined the legal fight over the program, filing a challenge with the court. In its filing, the API called aspects of the recent RFS rule “arbitrary, capricious, and abuse of discretion, or otherwise not in accordance with law; are in jurisdiction, authority, or limitations; and were adopted without observance of procedure required by law.”

The National Farmers Union filed its challenge to the RFS rule on Feb. 12. On the same date, the National Biodiesel Board also petitioned the court to review the rule. The court has since consolidated the eight separate lawsuits filed to date.